Following the withdrawal of the NASA presidential candidate, the Commission and the legal team are meeting and will communicate way forward. Many will fall by the wayside. This issue, he said, was touched "in passing" by the Supreme Court in 2013.
Reports say the situation in Kenya is a worry for the US government which is "deeply concerned" about the prevailing political environment in Kenya as police and protesters continue to clash ahead of its presidential election on October 26.
"If parliament passes the law tomorrow, it will be like declaring war on the Kenyan people", he said.
"No Kenyan should lose sleep because individuals have gone to State House and announced their defection".
Nearly all of the dead were killed in western Kenya or the slums of the capital Nairobi, both strongholds of opposition leader Raila Odinga and his Luo ethnic community.
Mr Odinga had called for countrywide protests to demand reforms to the commission ahead of the new election.
"He is free to withdraw from the race if he is not interested".
"Kenyans are exhausted and want to move forward".More news: Game 6: Michigan State at Minnesota
Shortly after Odinga made his announcement, President Uhuru Kenyatta took the stage at a political rally in Western Kenya. "We tell him also it is the people's right to participate in an election to choose their leader".
Kalonzo Musyoka (Wiper) and Raila Odinga (ODM) at the Supreme Court, August 28, 2017.
The remaining two were due to "civilian aggression".
Mr Odinga was categorical, however, that he will not be compelled by any court to take part in a flawed electoral process.
"This is a democracy".
"It is his democratic right not to participate", Kenyatta said.
It believes the election will have to be cancelled as a result of Mr Odinga's withdrawal, allowing "adequate time to undertake the reforms necessary to conduct an election that is in strict conformity with the constitution, the relevant laws and the constitution".
On Monday, the High Court gave Nasa four days to respond to the suit as it emerged that Mr Odinga and his Nasa co-principals were yet to file their responses to the case.